Sojourner Posted November 17, 2006 Share Posted November 17, 2006 [url="http://www.msnbc.msn.com/id/15738620/"]Link here[/url] [quote]BERLIN - A court ruling which ordered a gynecologist to pay child support for up to 18 years as compensation for botching a contraceptive implant was condemned by the German media as scandalous on Wednesday. The Karlsruhe-based federal appeals court ruled on Tuesday that the doctor must pay his former patient, now a mother of a 3-year-old boy, 600 euros ($769) a month because she became pregnant after he implanted her with a contraceptive device. "A child as a case for damages — this perverse idea has now been confirmed by one of Germany's highest courts," conservative Die Welt daily newspaper wrote in an editorial on Wednesday. The device is meant to protect against pregnancy for up to three years, but half a year after the operation, the implant could no longer be found in the woman's body, the court said. While it should be welcomed that a doctor can now be held to account in the same way as a shoddy plumber, the newspaper said, how could a child whose parents had sought damages for its birth ever come to terms with the situation? "In addition to the highly private inkling that he was not wanted by his parents, he now has official confirmation that he was born by mistake," Die Welt also said. The award covers the first years of the child's life and also subsequent costs to the age of 18. The parents, who had known each other six months at the time of the conception, were no longer together, the court said, ruling that the father should also be compensated for the maintenance he was paying towards the child. The ruling could spark a flood of similar claims against gynecologists, Stern magazine wrote on its Web site.[/quote] Although I can't find the story on it, I know the Indiana Supreme Court heard a similar claim a couple of years ago (I think it was a tubal ligation that proved ineffective) and came down on the exact opposite side of the ruling. They found that the doctor was liable for the medical costs incurred by the woman during the pregnancy, but not for child support or college payments. The court in that case found that a child can't be considered an "injury" legally speaking, that children are intrinsically a good thing and therefore the doctor is not liable for any sort of cost associated with the child. I come down in agreement with the Indiana court on this, but truthfully don't think the German decision is all that surprising. Any other thoughts or comments on this? Link to comment Share on other sites More sharing options...
homeschoolmom Posted November 17, 2006 Share Posted November 17, 2006 I think I remember the Indiana case. Yeah, I have to agree with the court there. It's not like she [i]has[/i] to raise the child. If she didn't want him (as she claims) we do have a little thing called "adoption." I completely disagree with the German ruling, but I'm not surprised by it. Link to comment Share on other sites More sharing options...
Thy Geekdom Come Posted November 17, 2006 Share Posted November 17, 2006 That's just idiotic. Link to comment Share on other sites More sharing options...
IcePrincessKRS Posted November 17, 2006 Share Posted November 17, 2006 I think its pretty sad/stupid for someone to sue over a procedure/device thats not 100% effective to begin with. If its scientifically proven to be less than 100% I can't understand how, in good conscience, they could rule in favor of treating the child like he was an "injury" (it would be cruel and stupid to do that anyway, but when even science is pointing that it could have happened no matter what... ). Link to comment Share on other sites More sharing options...
Thy Geekdom Come Posted November 17, 2006 Share Posted November 17, 2006 "Well, Johann, I love you, you know I do, but the truth is, dear...I don't want you. I never wanted you. I'm so angry that you are alive and here and that I'm stuck with you that I had to sue to get someone else to support you. Oh, honey, don't cry...I love you...I just hate the fact that you exist..." Someone posted a satire like that before, so I kinda ripped it off, but the theme still stands. Link to comment Share on other sites More sharing options...
dairygirl4u2c Posted November 17, 2006 Share Posted November 17, 2006 (edited) She doesn't hate the fact she exists, she hates the fact she has to pay for it. Well let me think about that one... Yes, I'd analogize that it's like a father not paying his duty. We have child support for a reason, and it's not usually considered a question of the mother's love for the child to insist they pay. The doctoer had a duty. If the doctor was supposed to have the implant in there and didn't then he didn't fulfill his end of the bargain. If the original wasn't 100% you might argue she might have gotten pregnant anyway, but it so much increased the risk that it could be argued very probably his fault. The only thing I wonder is whether the implant didn't work for natural reasons etc or if it was indeed the doctor's fault. Edited November 17, 2006 by dairygirl4u2c Link to comment Share on other sites More sharing options...
Winchester Posted November 18, 2006 Share Posted November 18, 2006 This is ridiculous. If I didn't order a baby, I would of course try to send it back, and if that wasn't allowed, I certainly wouldn't expect to see it appear on my bill! Restaurants are getting pretty nervy, these days. Link to comment Share on other sites More sharing options...
Groo the Wanderer Posted November 18, 2006 Share Posted November 18, 2006 (edited) A famous German statesman once said something kinda relevant to this...now what was that quote agin? Oh yes....*clears throat* Deutschland! Deutschland uber alles! so sad so sad Edited November 18, 2006 by Groo the Wanderer Link to comment Share on other sites More sharing options...
-I---Love Posted November 18, 2006 Share Posted November 18, 2006 (edited) A famous German statesman once said something kinda relevant to this...now what was that quote agin? Oh yes....*clears throat* Deutschland! Deutschland uber alles! I don't see what the above has to do with this at all. Nevertheless this is certainly a messed up ruling. I am in Germany right now, very close to where this took place actually, and this is interesting to say the least. From MY EXPERIENCE the Church in Germany, besides the Catholic mecca of Koeln, is worse ocf than the US if that's possible, which it certainly is. In correlation to the lack of God's law, man made laws in Germany are disordered as well. Edited November 18, 2006 by -I---Love Link to comment Share on other sites More sharing options...
cathoholic_anonymous Posted November 19, 2006 Share Posted November 19, 2006 [quote]She doesn't hate the fact she exists, she hates the fact she has to pay for it.[/quote] That's the same thing. If you love someone, you're prepared to care for them. Recently my friend's sister gave birth to a daughter. The mother had tried to have the baby aborted (she's only nineteen and she was under tremendous pressure from her boyfriend). The abortion clinic declared that she was too far gone in her pregnancy to have an abortion under the laws of New Zealand. The clinic was wrong. Very wrong. Summer (the baby girl) was born premature and turned out to be much younger than the doctor at the clinic had thought. Rachel isn't suing. She's been in love with Summer ever since the fourth month of pregnancy - and this is a girl who has very little financial support and whose much-loved partner dropped her like a hot potato after he found that she couldn't have the abortion. He has even threatened to harm Rachel and the baby. Rachel won't take maintenance off him, even though she could really do with some. Children aren't about money. Link to comment Share on other sites More sharing options...
dUSt Posted November 20, 2006 Share Posted November 20, 2006 [quote name='dairygirl4u2c' post='1122324' date='Nov 17 2006, 11:40 AM'] She doesn't hate the fact she exists, she hates the fact she has to pay for it. Well let me think about that one... Yes, I'd analogize that it's like a father not paying his duty. We have child support for a reason, and it's not usually considered a question of the mother's love for the child to insist they pay. The doctoer had a duty. [/quote] Has anyone mentioned the father's duty in all this? Just because the contraception didn't work doesn't mean it was a miraculous virgin birth. Some dude had to knock her up--she needs to be getting money from him, not the doctor. But this might be a good thing... if doctors and companies are succesfully sued every time contraception fails, then maybe they'll stop offering the service. I say bring more law suits on! Link to comment Share on other sites More sharing options...
Balthazor Posted November 20, 2006 Share Posted November 20, 2006 Yeah.... Where is daddy? He was probably helping the case in court I sure hope this gets overturned......this is a very dangereous can of worms to mess with. If a doctor can be sued for this, than a whole lot of women will be able to go court and get this from thier doctors. It is a VERY slippery slope... It could mean that no one will go into obstetrics in Germany. And what about adoption? Link to comment Share on other sites More sharing options...
Matty_boy Posted November 20, 2006 Share Posted November 20, 2006 I'd adopt the little boy if he were as adorable as IcePrincess's kids. Link to comment Share on other sites More sharing options...
prose Posted November 20, 2006 Share Posted November 20, 2006 Maybe less doctors would be willing to use IUDs or other birth control in case they'll get sued... Maybe this is a good thing Link to comment Share on other sites More sharing options...
Sojourner Posted November 20, 2006 Author Share Posted November 20, 2006 [quote name='Matty_boy' post='1124495' date='Nov 20 2006, 03:00 PM'] I'd adopt the little boy if he were as adorable as IcePrincess's kids. [/quote] So ... you're saying that your willingness to love is based solely on external appearance? Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now